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LAMONT v. TULLY

No. 81-CV-563.

517 F.Supp. 462 (1981)

Donald B. LAMONT, Plaintiff, v. James H. TULLY Jr., Francis Koenig, and Thomas H. Lynch, as the President and Members of the New York State Tax Commission, Defendants.

United States District Court, N. D. New York.

June 26, 1981.

Attorney(s) appearing for the Case

Lovejoy, Wasson, Lundgren & Ashton, New York City, for plaintiff; Douglas Foster, Stephen R. Sugrue, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, Syracuse, N. Y., for defendants; Charles F. Corcoran, Jr., Asst. Atty. Gen., Syracuse, N. Y., of counsel.

MEMORANDUM—DECISION

MUNSON, Chief Judge.

Plaintiff Donald B. Lamont brings this action to enjoin the State of New York from pursuing collection of $700,000 in an alleged personal income tax deficiency. The State insists that Mr. Lamont was a resident of New York for each of the years 1976, 1977 and 1978, although he timely filed non-resident returns in each of those years. The New York State Tax Commission has previously attempted the collection of...

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